NDDC audit report: Publish names of those linked to alleged misappropriation of ₦6trn or face contempt – SERAP warns AGF Fagbemi

Socio-Economic Rights and Accountability Project (SERAP) has warned Attorney General of the Federation, Lateef Fagbemi, of potential contempt proceedings for failing to enforce a court judgment compelling the publication of names linked to the alleged misappropriation of ₦6 trillion in the Niger Delta Development Commission (NDDC) and abandoned federal projects.

In a letter dated 13 December 2025 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization demanded that Fagbemi and President Bola Tinubu “immediately enforce the judgment compelling and directing them to widely publish the names of those indicted in the alleged misappropriation of ₦6 trillion meant for 13,777 abandoned projects and in the operations of the NDDC between 2000 and 2019.”

The court ruling, delivered by Justice Gladys Olotu on 10 November 2025 following a Freedom of Information suit filed by SERAP, also mandated the publication of the NDDC forensic audit report submitted to the federal government on 2 September 2021.

“The continuing failure and/or refusal to publicly acknowledge the judgment and immediately enforce it makes a mockery of the country’s legal and judicial processes and the rule of law,” SERAP said in the letter.

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The organisation cited Section 287(1) of the Nigerian Constitution 1999, stressing that “the decisions of Nigerian courts shall be enforced in any part of the Federation by all authorities and persons. This constitutional provision admits no exception and leaves no ambiguity.”

SERAP warned that disobedience of the judgment is “a fundamental breach of both the letter and spirit of the Nigerian Constitution and a direct assault on the rule of law,” adding that officials risk personal liability if the court order is ignored.

“Obeying the judgment would reinforce the primacy of the Nigerian Constitution, uphold Nigeria’s international obligations, and demonstrate respect for the rule of law,” the group said.

“The Attorney General, as Chief Law Officer of the Federation, has a duty to ensure the government acts in conformity with judicial decisions and in the public interest.”

The letter continued: “Despite the clarity and binding nature of the Court’s judgment, you have failed, neglected, and/or refused to comply. Justice Olotu’s judgment is not advisory; it is final, binding, and immediately enforceable against you and President Tinubu.”

SERAP further emphasized that the delay in publishing the audit report and names of indicted officials perpetuates corruption and impunity in ministries, departments, and agencies (MDAs) and undermines Nigeria’s human rights obligations.

Citing the Supreme Court, SERAP noted: “The rule of law presupposes that the state is subject to the law. The government should be the first to obey the law. A government that disobeys court orders ‘invites anarchy.’”

The human rights organization gave the AGF and the presidency seven days from receipt of the letter to take action, warning that failure to comply would prompt SERAP to pursue contempt proceedings to uphold the Nigerian Constitution and restore public confidence.

Justice Olotu had ruled that “the forensic audit report of the NDDC, as well as the names of persons indicted therein, clearly fall within the definition of ‘public records’ under the Freedom of Information Act,” and are not exempted as the information relates to public funds.

SERAP’s firm stance signals escalating pressure on the Tinubu administration to prioritize transparency and accountability in managing Nigeria’s natural resources and public wealth.